REPORT AND RECOMMENDATION

GREGORY J. KELLY, Magistrate Judge.

This cause came on for consideration without oral argument on the following motion:

THEREON it is RECOMMENDED that the motion be GRANTED.

On February 7, 2019, Plaintiff filed an Amended Complaint against Defendants for violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. for failure to pay minimum wage and for civil theft related to the failure to pay Plaintiff for three weeks worth of work, and failure to pay a commission due to Plaintiff. Doc. No. 7 at 7, 8. Plaintiff's civil theft claim relates solely to the $4,000 commission Defendants failed to pay. Doc. No. 7 at 10-11. On October 2, 2019, Defendants Cardiff Lexington Corporation ("Cardiff") and Rollan Roberts II ("Roberts") filed a Motion to Dismiss Plaintiff's civil theft claim based on a lack of supplemental jurisdiction (the "Motion"). Doc. No. 54. Cardiff and Roberts argue that the civil theft count does not arise out of a common nucleus of operative facts and that the civil theft claim substantially predominates. Doc. No. 54 at 6. On October 30, 2019, Plaintiff filed a Notice of Non-Objection. Doc. No. 72. Plaintiff states that he has no objection to the dismissal of Count II of his Amended Complaint without prejudice. Doc. No. 72.

Accordingly, it is RECOMMENDED that the Motion (Doc. No. 54) be GRANTED and Count II of the Amended Complaint, Civil Theft, be DISMISSED without prejudice.

NOTICE TO PARTIES

A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. Failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1. To expedite the resolution of this matter, if the parties have no objections to this report and recommendation, they may promptly file a joint notice of no objection.